Opinion
NO. WR-86,890-02
12-06-2017
IN RE STEVEN LOWELL MORTON, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. F47525-A IN THE 18TH DISTRICT COURT FROM JOHNSON COUNTY
Per curiam. ORDER
Relator has filed a motion for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. In it, he contends that the District Court of Johnson County failed to provide him with copies of trial counsel's affidavit and the trial court's findings of fact pertaining to his habeas application as required by Article 11.07, Section 7 of the Texas Code of Criminal Procedure and Rule 73.4(b)(2) of the Texas Rules of Appellate Procedure. Although this Court has already denied relief on the habeas application and has denied Relator's Suggestion for Reconsideration on the Court's Own Motion, the District Clerk has a ministerial duty to provide Relator with copies of the documents in question.
In these circumstances, additional facts are needed. Respondent, the District Clerk of Johnson County, is ordered to send copies of the supplemental record after remand in Relator's Article 11.07 habeas application, WR-86,890-01, including the affidavit of trial counsel, the trial court's findings of fact and conclusions of law, and any other documents described in Rule 73.4(b)(2) of the Texas Rules of Appellate Procedure to Relator immediately. The District Clerk shall provide this Court with proof of the date upon which all such documents were sent to Relator. This application for leave to file a writ of mandamus shall be held in abeyance until Respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order. Filed: December 6, 2017
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